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NY K87003




June 28, 2004
CLA-2-34:RR:NC:SP:237 K87003

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Ms. Joanne Harmon and Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: Classification of candles poured in glass jars with wood stoppers from China.

Dear Ms. Harmon and Ms. Santos:

In your letter dated June 9, 2004 you requested a tariff classification ruling. Your sample is being returned.

CVS Item No. 274389 Three Piece Glass Jar Candle Set consists of three scented wax candles poured in cylinder-shaped clear glass jars (2-1/2”D x 3”H) with wood stoppers, in three color/fragrance combinations: Hot Buttered Rum, Vanilla Sugar Cookie and Cinnamon Apple Pie. The three jars are packed inside an open-top three-slot wood box (9”L x 2-3/4”W x 3-3/4”H) with clear plastic sleeve tied with a red and white ribbon. The wax is said to consist of 60% palm oil wax and 40% paraffin wax. The candles impart the essential character of the set.

The applicable subheading for the candles poured in glass jars with wood stoppers and three-slot wood box will be 3406.00.0000, Harmonized Tariff Schedule of the United States, which provides for candles, tapers and the like. The rate of duty is free.

Candles from China may be subject to anti-dumping duties administered by the U.S. Department of Commerce, Import Administration. You may contact them at 14th St. and Constitution Ave. NW, Washington, DC 20230, phone (202) 482-0162.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or control number indicated above should be provided with entry documents filed at time merchandise is imported. For any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division

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